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To: Sandy
And if you read the next page, he says:

"How will it be done under the present amendment? As I have remarked, they are not powers granted to Congress, and therefore it is necessary, if they are to be effectuated and enforced, as they assuredly ought to be, that additional power should be given to Congress to that end. This is done by the fifth section of this amendment, which declares that 'the Congress shall have power to enforce by appropriate legislation the provisions of this article'."

Where does it say the the USSC shall "incorporate" some or all of the Bill of Rights under the "due process" clause of the 14th amendment?

According to Senator "Moe" Howard, it was to be up to Congress. Congress has yet to do this after 140 years. None of the BOR should be applicable to the states since Congress has not written legislation to apply them.

179 posted on 07/13/2004 9:54:20 AM PDT by robertpaulsen
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To: robertpaulsen
Where does it say the the USSC shall "incorporate" some or all of the Bill of Rights under the "due process" clause of the 14th amendment?

Oh for pete's sake, are you really this dense? We're talking about the Privileges or Immunities clause, not the Due Process clause. FYI, the due process clause isn't even about citizens. You asked for the meaning of the phrase "privileges or immunities of citizens of the United States"; I gave you an explanation direct from the source. A thank you will do.

Incorporation via the due process clause is what the Court pulled out of its ass instead of fixing its evisceration of the P or I clause in Slaughterhouse. Why on earth would Congress be talking about it during the ratification debates? Please, either follow the conversation or leave me alone.

185 posted on 07/13/2004 10:26:06 AM PDT by Sandy
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